Local Government Code § 248.002

Sec. 248.002. RESTRICTION ON REGULATION OF ENERGY SOURCES. (a) A political subdivision may not adopt or enforce an ordinance, order, regulation, or similar measure that limits access to or use of an energy source or that results in the effective prohibition of infrastructure that is necessary to provide access to a specific energy source, including a wholesaler, retailer, energy producer, or related infrastructure, including a retail service station. (b) This section does not limit the authority of a political subdivision to adopt or enforce an ordinance, order, regulation, or similar measure relating to an energy source, or infrastructure that is necessary to provide access to a specific energy source, that: (1) provides siting requirements, including siting requirements involving certain geographic areas; (2) does not effectively prohibit the operation of an energy source or infrastructure that is necessary to provide access to a specific energy source; and (3) is not preempted by state or federal law. Added by Acts 2023, 88th Leg., R.S., Ch. 19 (S.B. 1017), Sec. 1, eff. September 1, 2023. Redesignated from Local Government Code, Chapter 247 by Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 22.001(26), eff. September 1, 2025.